Brief facts of the case are that on 28-3-10 the respondent was sold 1 1/2 KG mince beef and 1 KG beef to the petitioner for Rs.250/- and 170/-, respectively by over charging him as actually rate of beef was less than that. When the petitioner took out meet for cooking, he found that it was drenched in equal weight of water. Besides this, product also changed its color as well as started emitting bad small. On this, the petitioner became worried and rushed to the respondent to protest but the respondent did not behave properly. Then on 1-4-10, the petitioner issued legal notice to the respondent demanding him to refund sale price (Rs.420/-), and pay litigation expenses (Rs.11500/-), compensation for wasting petitioner's time (Rs.1000/-) and damages of Rs.10,000/- (total Rs.22920/-) but the respondent did not respond to redress petitioner's grievance hence, this petition.
2. Process was issued for the appearance of respondent on 7-5-10 but he did not appear before court despite receiving court notice he was, therefore, proceeded ex-parte.
3.
The petitioner recorded his statement as PW1, and also tendered his sworn affidavit Ex-P1, dispatch receipt Ex-P2, A/C due Ex-P3, copy of legal notice Ex-P4 and Counsel fee certificate Ex-P5.
4. Ex-parte arguments heard and record perused.
5. As the respondent did not appear to answer petitioner's claim, therefore, latter's evidence, being un-challenged, is relied upon, and petitioner's claim is decreed ex-parte for recovery of Rs.3920/- i.e. Refund of sale price (Rs.420/-), fee of issuance of legal notice (Rs.500/-) and damages for causing physical discomfort and mental agony to the petitioner (Rs.3000/-) whereas petitioner's remaining claim is dismissed for want of requisite evidence. After due completion, the file be consigned to record room.